On April 25, 2023 a
Motion-Secondary
was filed
involving a dispute between
Byzfunder Ny Llc,
and
Golden West Pool Repair & Spa Care Inc.
D B A Southwest Pool & Spa Repair,
Jose Trinidad Gonzalez,
for Other Matters - Contract - Other
in the District Court of Monroe County.
Preview
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 3687261
Book Page CIVIL
Return To: No. Pages: 2
ARIEL BOUSKILA
1545 US 202 Instrument: MISCELLANEOUS DOCUMENT
Suite 101
Pomona, NY 10970 Control #: 202312290887
Index #: E2023004207
Date: 12/29/2023
BYZFUNDER NY LLC Time: 2:04:17 PM
GOLDEN WEST POOL REPAIR & SPA CARE INC.
GONZALEZ, JOSE TRINIDAD
Total Fees Paid: $0.00
Employee:
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING – THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO
MONROE COUNTY CLERK
202312290887 Index # : E2023004207
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONROE
X
BYZFUNDER NY LLC, Index No.: E2023004207
Plaintiff,
-against- PROPOSED ORDER
GOLDEN WEST POOL REPAIR & SPA CARE INC.
D/B/A SOUTHWEST POOL & SPA REPAIR
and JOSE TRINIDAD GONZALEZ
Defendants. X
The Plaintiff, BYZFUNDER NY LLC having moved to dismiss Defendants’ Counterclaims on
May 12, 2023, it is hereby ordered that the Plaintiff's Motion to dismiss Defendants Counterclaims is
Granted.
The Plaintiff, BYZFUNDER NY LLC having moved for Summary Judgment, on August 3, 2023,
and opposition being filed on September 18, 2023, it is hereby further ordered that the Plaintiff's
Motion for Summary Judgment is Granted in its entirety as follows;
ORDERED, that Plaintiff has made a prima facie showing entitlement to entry for judgment and
therefore Motion for Summary Judgment is Granted and judgment shall be awarded in favor of
Plaintiff as against the Defendants, jointly and severally in the amount of $40,466.59, plus costs and
disbursements in the amount of $455.00, totaling $40,921.59, with interest accruing at 9% per annum
from April 11, 2023, until the entry of judgment; and it is further
ORDERED, that the Clerk of the Court shall enter judgment in favor of BYZFUNDER NY
LLC as against GOLDEN WEST POOL REPAIR & SPA CARE INC. D/B/A SOUTHWEST POOL &
SPA REPAIR and JOSE TRINIDAD GONZALEZ jointly and severally in the amount of $40,466.59,
plus costs and disbursements in the amount of $455.00, totaling $40,921.59 with interest accruing at 9%
per annum from April 11, 2023, until the entry of judgment.
By:
Honorable William K. Taylor
ENTER:
Court Justice
Document Filed Date
November 29, 2023
Case Filing Date
April 25, 2023
Category
Other Matters - Contract - Other
Status
Disposed-Court Date/Application Pending
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3687261 Book Page CIVIL Return To: No. Pages: 2 ARIEL BOUSKILA 1545 US 202 Instrument: MISCELLANEOUS DOCUMENT Suite 101 Pomona, NY 10970 Control #: 202312290887 Index #: E2023004207 Date: 12/29/2023 BYZFUNDER NY LLC Time: 2:04:17 PM GOLDEN WEST POOL REPAIR & SPA CARE INC. GONZALEZ, JOSE TRINIDAD Total Fees Paid: $0.00 Employee: State of New York MONROE COUNTY CLERK’S OFFICE WARNING – THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO MONROE COUNTY CLERK 202312290887 Index # : E2023004207 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE X BYZFUNDER NY LLC, Index No.: E2023004207 Plaintiff, -against- PROPOSED ORDER GOLDEN WEST POOL REPAIR & SPA CARE INC. D/B/A SOUTHWEST POOL & SPA REPAIR and JOSE TRINIDAD GONZALEZ Defendants. X The Plaintiff, BYZFUNDER NY LLC having moved to dismiss Defendants’ Counterclaims on May 12, 2023, it is hereby ordered that the Plaintiff's Motion to dismiss Defendants Counterclaims is Granted. The Plaintiff, BYZFUNDER NY LLC having moved for Summary Judgment, on August 3, 2023, and opposition being filed on September 18, 2023, it is hereby further ordered that the Plaintiff's Motion for Summary Judgment is Granted in its entirety as follows; ORDERED, that Plaintiff has made a prima facie showing entitlement to entry for judgment and therefore Motion for Summary Judgment is Granted and judgment shall be awarded in favor of Plaintiff as against the Defendants, jointly and severally in the amount of $40,466.59, plus costs and disbursements in the amount of $455.00, totaling $40,921.59, with interest accruing at 9% per annum from April 11, 2023, until the entry of judgment; and it is further ORDERED, that the Clerk of the Court shall enter judgment in favor of BYZFUNDER NY LLC as against GOLDEN WEST POOL REPAIR & SPA CARE INC. D/B/A SOUTHWEST POOL & SPA REPAIR and JOSE TRINIDAD GONZALEZ jointly and severally in the amount of $40,466.59, plus costs and disbursements in the amount of $455.00, totaling $40,921.59 with interest accruing at 9% per annum from April 11, 2023, until the entry of judgment. By: Honorable William K. Taylor ENTER: Court Justice